Employment » Employee Misclassification » Employee Misclassification

Employee Misclassification

Employee classification affects your rights & pay

Your employee classification – whether you are exempt, non-exempt, or considered an independent contractor – affects what rights and benefits you are entitled to under the law. Employee misclassification is a serious problem. Whether employers intentionally or mistakenly misclassify employees, those employees may be entitled to back-wages and other benefits under the law.

At Girard Gibbs LLP, our employment attorneys represent misclassified workers to get them the compensation and rights they deserve.

Misclassifying employees as exempt

Federal law (FLSA) requires that non-exempt employees in the U.S. be paid at least the federal minimum wage and overtime pay for all hours worked over 40 hours a week. However, certain employees are exempt from these requirements.

Exempt employees are typically employed as executive, professional, administrative, and outside sales employees; however, job titles do not determine exempt status. To be considered exempt, employees must meet certain tests regarding their job duties under both federal and state employment law.

>> Learn more about California Exempt Employees

Misclassifying employees as independent contractors

Employers sometimes incorrectly classify workers as “independent contractors” rather than “employees,” which denies these workers of the rights employees are entitled under the Fair Labor Standards Act (FLSA) and California Labor Law.

>> Learn more about independent contractors

Are you misclassified?

Think your employer has misclassified you? Free and confidential consultations are available with our employment attorneys by calling (866) 981-4800 or by filling out the form to the right.